Public HearingInclusionary Housing Interim relief ordinance and In-Lieu Fee (continued from Sept 14, 2010). Potentially there are legal issues with Prop. 26; there is general agreement on fee payments, deferrals and rates and the need to consider the types of housing to be encouraged and/or discouraged.

Legislative BusinessAdopted ordinance to amend Mount Eden Business and Sports Park Community Development Agreement for phased development of Legacy Eden Shores to allow for a portion of the residentially zoned site to be released for development.

Public CommentsElizabeth Gonzales, Congregations Organizing for Renewal, pointed out that implementation of a gang injunction program is tantamount to acknowledgment of a gang problem. Gangs and rivals have co-existed in the area for decades and a formal program imposes limits on their activity and spheres of influence. She fears a backlash with innocent citizens caught in the crossfire and urged Hayward PD be fully aware of the effects of such a program's introduction. She prefers a ceasefire model, working with Alameda County Probation Department and the District Attorney's Office and outreach to at-risk elementary school children.

Sergio Saenz has mixed feelings about a gang injunction program. Gang members are "bonded" to the groups they join and potentially trapped until later in life. Is the Program's goal to deal with the most senior gang members or eradicate gangs from the area? What is the Council's long-term vision? An injunction program is effective when used in conjunction with other services, such as prevention, but should not be the only tool.

Two years ago, John Johnson noticed local government policy to combat youth/gang violence was inadequate. Bay Area cities have inadequate facilities and resources to keep young people away from bad influences and channel their energies positively. He founded a non-profit to augment what is available. He would like the community and Council to work together to find solutions, such as a non-profit skate park, to generate revenue for other programs such as youth centers. There are many who wish to leave behind a pernicious, destructive life but need guidance and help to do so. Johnson has Nadia Lockyer's support. There are formal youth/gang violence intervention and prevention programs funded with grants directed at such efforts but any program, such as homework clubs, after-school sports, clubs and societies, that keeps young people off the streets has the same intent.

Senda Rios, school counselor at Tennyson HS, informed Council gangs do not go away. Although not against the proposed Gang Injunction Program, it will not address reduce gang activity. Groups such as sports teams, fraternities... with which young people can identify and to which they can belong are needed and as is a solid educational foundation on which to build as adults. The behavior targeted by the Ordinance is not confined to gangs. It is also a group problem, exhibited by bored teens and adolescents with nothing to do.

Doug Ligibel referred to research by Dr. Jeremy Wilson, Michigan State University, on reducing violence in Hayward. The City of Oakland has 63 police officers dedicated to gang violence prevention; Ligibel would like to see a similar focus in Hayward. He reminded the city manager the pending staff report about Measure A (UUT) should include how much revenue has been raised and how much Hayward PD has received.

Jesse Garrett, Community Prevention (CommPre) of Alcohol & Drug-related Problems, spoke about proposed revisions to the Smoking Pollution Control Ordinance following sight of an email from Jesus Armas to the city. In 2008, Council established language that prohibits dining areas, bars, lounges and nightclubs from allowing smoking on or around their premises. Garrett asked Council to review the proposed changes to the intent of the Ordinance that would allow businesses to designate smoking areas. He referred specifically to The Bijou restaurant whose "smoking area" satisfies the minimum-distance requirements from the sidewalk and parking lot but noted the neighboring business has an entrance adjacent to the restaurant's smoking area.

Phillip Chan, a partner and operator of The Bijou, asserts the proposed changes, contained in Armas' email, balance public health and viability of businesses and asked Council to seriously consider them. His employees will not enter the smoking area or serve guests there. Chan and his partner support the desire for a vibrant Downtown and wish to encourage people to visit Hayward rather than keep them away. He favors a smoking ordinance but not one so draconian it impacts businesses' survival.

Councilwoman Barbara Halliday mentioned the community and Council's concern that Hayward Unified School District School Board is unable to conduct the business for which it was elected, behaves inappropriately and sets a bad example for the young. She secured majority support for staff to present a draft resolution expressing Council and the public's concerns about activities at Board of Education public meetings, asking the Board to focus on critical areas of education and, if matters do not improve, giving Council the option of asking the Board to meet elsewhere.